No. 88-3478.

918 F.2d 658 (1990)

Miguel A. GARGALLO, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; and Larry W. Tyree, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 9, 1990.

Attorney(s) appearing for the Case

Miguel A. Gargallo, Columbus, Ohio, for plaintiff-appellant.

John F. Winkler, Baker & Hostetler, Columbus, Ohio, for defendants-appellees.

Before: MERRITT, Chief Judge; RYAN, Circuit Judge; and BROWN, Senior Circuit Judge.

RYAN, Circuit Judge.

This case presents the interesting dual questions 1) whether a federal court must apply federal or state claim preclusion law in deciding 2) whether a prior state court judgment upon subject matter over which only a federal court has jurisdiction is a bar to a subsequent federal court claim upon the identical cause of action. Plaintiff Miguel A. Gargallo sued defendants Merrill Lynch, Pierce, Fenner, & Smith, Inc. ("Merrill Lynch") and Larry...

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